You Don’t Want a Fight, You Want a Path Forward.
Thinking about divorce doesn’t mean you want things to get messy. Maybe you and your spouse agree on the big stuff. Or maybe you’re just trying to make a hard situation easier. If that’s where you’re at, an uncontested divorce might be the best path forward.
At The Drake Law Firm, we’ve worked with many people in Colorado who wanted a clear, peaceful resolution, without turning their lives into a legal battleground. This blog is here to walk you through what an uncontested divorce looks like and whether it could work for you.
What Is an Uncontested Divorce in Colorado?
What It Actually Means
An uncontested divorce occurs when both spouses agree on all the major aspects of ending the marriage, including property division, debt, spousal maintenance (alimony), parenting time, parenting decision-making, and child support. There’s no court battle, no drawn-out arguments, and no drama. It’s simply a way to move on with clarity and respect.
How It’s Different from a Contested Divorce
Contested divorces involve at least some disagreement that needs to be resolved in court. Uncontested divorces avoid that step by keeping the decision-making between you and your spouse. Instead of letting a judge decide, you’re the ones in control. Remember, though, the judge still has to bless any agreement you make by approving and turning it into a court order.
Is Uncontested Divorce Right for You?
Before moving forward, it helps to weigh the pros and cons of an uncontested divorce. Here’s what you should know:
The Pros
- It’s more affordable. With fewer court hearings and less back-and-forth, you’ll likely spend far less on legal fees.
- It’s faster. Most uncontested divorces in Colorado are resolved in three to four months. You can be officially divorced shortly after the 91st day from filing if you are both organized and cooperative.
- You stay in control. You and your spouse decide the terms, not a judge, leading to more personalized solutions. The judge only has to approve the agreement and sign the decree of divorce.
- It’s less stressful. More cooperation and fewer legal hurdles mean less emotional strain, especially if kids are involved.
- It’s more private. With fewer court appearances, more of your personal life stays out of the public record.
The Cons
- It’s not always fair. One spouse might be more assertive or better informed, which could lead to an uneven outcome. But if you’re both represented, your attorney will advocate strongly for your positions during the negotiations.
- The paperwork still matters. Even without a legal fight, the documents must be accurate, complete, and court-ready.
- It doesn’t work for everyone. If there’s fear, manipulation, or ongoing conflict, a contested divorce may be safer and more appropriate.
Who Can Choose an Uncontested Divorce?
Requirements in Colorado
You don’t need to meet a long list of requirements, but there are a few things that matter:
- At least one spouse needs to live in Colorado for at least 91 days
- The children need to live in Colorado for at least 182 days
- You both agree on the divorce and its terms
- You’re ready to put everything in writing
Signs It Might Be a Good Fit
An uncontested divorce might work for you if:
- You and your spouse are still able to communicate
- You’ve both come to terms with the decision to separate
- You can agree on how to divide things and handle parenting (if children are involved)
Even if there’s some tension, if you’re both open to compromise, this route can still work with a little help.
What You Should Still Watch Out For
Make Sure It’s Really Fair
Just because you agree doesn’t always mean the outcome is balanced. One spouse may be more informed or more assertive. It’s a good idea to have a divorce lawyer review things before signing off.
The Paperwork Still Matters
Even in an uncontested case, Colorado divorce forms need to be complete and accurate. If anything is unclear or missing, it could delay your divorce or affect future enforcement.
It’s Not Right for Everyone
If there’s any fear, manipulation, or lack of trust, this might not be the right fit. That’s okay. There are other ways to resolve things safely and fairly.
How Uncontested Divorce Works in Colorado
Step-by-Step Overview
Here’s what the process usually looks like:
- One spouse files the petition
- The other spouse responds (or signs a joint petition)
- You both fill out the financial disclosures
- You submit your agreements to the court
- You attend a final hearing if required (some cases don’t need one)
- The court finalizes your divorce
It’s usually much smoother than a contested case, but each step still matters.
How Long It Takes
Most uncontested divorces in Colorado take three to four months. You can be officially divorced shortly after the 91st day from filing it. The more prepared you are with your documents and agreements, the quicker it tends to go.
FAQs About Uncontested Divorce in Colorado
Should we still use lawyers even if we agree on everything?
Yes, and it’s usually a smart move. Even in a peaceful divorce, a divorce lawyer can make sure the final agreement is complete, fair, and legally valid so you avoid problems later on.
Can we change the agreement later?
In some situations, yes, especially when it comes to child-related matters like parenting time or support. Financial agreements are usually harder to change unless both parties agree or there’s a significant change in circumstances.
What if we start uncontested and hit a disagreement?
You can still try to resolve the issue through communication or mediation. Many couples are able to work through a sticking point without turning the entire process into a contested case.
What to Do If You’re Considering an Uncontested Divorce
Talk to Someone Who’s Done This Before
Even if things seem simple, it’s worth having someone double-check the paperwork and explain your options. Mistakes now can create problems later.
At The Drake Law Firm, we help people through uncontested divorces with care, clarity, and respect. We’re here to listen, answer your questions, and support you through the entire process.
Ready to Talk?
Uncontested divorce can be a peaceful path forward. But it still matters how you handle it. If you’re thinking about this route—or just want to know what’s possible, let’s talk.
Call The Drake Law Firm today for a clear, confidential consultation.